Adopted: July 14, 2009 by the Office of Weights and Measures, Louise
E. Greenleaf, State Superintendent.

Filed: July 23, 2009 as R.2009 d.263, without change.

Authority: N.J.S.A. 51:1-61.

Effective Dates: July 23, 2009, Readoption;

August 17, 2009 , Amendments and Repeals.

Expiration Date: July 23, 2014.

Federal Standards Statement

A Federal standards analysis is not required because the rules readopted
with amendments and repeals are governed by N.J.S.A. 51:1-61. Although
the rules are not subject to any mandated Federal requirements or standards,
the Office of Weights and Measures has voluntarily adopted, by reference,
the standards for weighing and measuring devices, which were developed
by National Institute of Standards and Technology and are set forth in
Handbook 44.

Full text of the readopted rules can be found in the New Jersey
Administrative Code at N.J.A.C. 13:47B.

Full text of the adopted amendments follows:

SUBCHAPTER 1. GENERAL WEIGHING AND MEASURING DEVICES

13:47B-1.2 Length measuring devices

The use of counter tacks as linear measures is forbidden in the State
of New Jersey and all measures of length shall be in conformance with
the requirements set forth in the National Institute of Standards and
Technology Handbook 44, Specifications, tolerances and other technical
requirements for weighing and measuring devices.

13:47B-1.4 (Reserved)

13:47B-1.5 Type approval

(a) All new types of weighing and measuring devices of any description
whatsoever and all devices of older types to which may be added any alteration
or new feature intended or designed as an improvement to such equipment
shall, before distribution or installation thereof in the State of New
Jersey, be submitted by the manufacturer thereof to the State Superintendent
of Weights and Measures for inspection and approval of type and operation,
except as provided in (a)1 below.

1. Weighing and measuring devices approved by the National Institute
of Standards and Technology (NIST), National Type Evaluation Program
(NTEP) need not be submitted for prior inspection and approval of type
and operation; however, the State Superintendent of Weights and Measures
reserves the right to require the manufacturer to submit a prototype
for evaluation at any time for cause.

(b) The provisions of this section shall be construed to include and
apply to all weighing and measuring equipment designed for the determination
of quantities in commodities sold or offered for sale in the State of
New Jersey, or for the determination of quantities where service is sold
or offered for sale on the basis of weight or measurement.

(c) No weighing or measuring device as indicated shall be permitted
to be sold or leased for use in the State of New Jersey unless submitted
for inspection and approved by the State Superintendent of Weights and
Measures as specified in (a) above and any equipment distributed or installed
contrary to the provisions of this section shall be subject to condemnation.

13:47B-1.6 Location of commercial weighing equipment

(a) All weighing equipment of every kind whatsoever, used for quantity
determination in the sale of commodities to the purchasing public, in
commercial establishments or in connection with any commercial enterprise
in the State of New Jersey shall be so placed or located as to be in
full view of the customer at all times and in such position as to facilitate
the reading of charts, dials and similar equipment with which scales
may be equipped or for observing the balance where scales are of such
type in which balance is a factor for correct weighings.

(b) (No change.)

13:47B-1.9 Portable self-contained vehicle scales

(a) For purposes of this section, a "portable self-contained vehicle
scale" is defined as a portable self-contained scale enclosed and
supported by its own frame marketed as a complete weighing unit adapted
to weighing highway and off-highway vehicles. The indicating element
may be packaged separately, which element is attached and connected at
the installation site.

(b) Except as hereinafter provided, the use of a portable self-contained
vehicle scale is hereby prohibited for determinations of weight for all
commercial purposes.

(c) The use of portable self-contained vehicle scales may be permitted
on construction projects where a contract requires on-site weighings,
and where the weighings are performed by a New Jersey Weighmaster appointed
pursuant to N.J.S.A. 51:1-74, subject to all of the following requirements:

1. No scale may be placed into operation until approved by the State
Superintendent of Weights and Measures in accordance with N.J.S.A. 51:1-83;

2. The use of the scale is limited to a maximum of six months at any
one location;

3. The scale is securely bolted to a foundation;

4. The installation is constructed pursuant to the National Institute
of Standards and Technology Handbook 44, section 2.20, Scales, paragraph
UR. 2.6.1(c) incorporated by reference in N.J.A.C. 13:47B-1.20. The standard
may be obtained by contacting the United States Department of Commerce,
National Institute of Standards and Technology, PO Box 4025 , Gaithersburg
, MD 20899 ;

5. The indicating element must be protected from all environmental
effects;

6. The scale is to be checked and inspected by a mechanic licensed
pursuant to N.J.S.A. 51:1-114 when installed at each site; and

7. (No change.)

(d) A penalty incurred in violation of this section may be enforced
pursuant to N.J.S.A. 51:1-83, 51:1-89 or 51:1-93 or all of these sections.

13:47B-1.12 (Reserved)

13:47B-1.20 National Institute of Standards and Technology Handbook
44

All specifications, tolerances and other technical requirements for
weighing and measuring devices contained in the National Institute of
Standards and Technology Handbook 44, 2008 edition and all future editions
together with all amendments and supplements thereto, adopted by the
National Conference on Weights and Measures are hereby adopted and promulgated
as the legal requirements for all weighing and measuring devices used
for commercial purposes and law enforcement in the State of New Jersey;
provided, however, that the State Superintendent of Weights and Measures
may from time to time further amend or supplement said specifications,
tolerances and other technical requirements for the purpose of conforming
the needs of any situation affecting the interests of the State of New
Jersey and its people.

[page=3096] 13:47B-1.24 Registry for security sealing devices

(a)-(c) (No change.)

(d) The State Superintendent of Weights and Measures shall design and
adopt an official registry for security sealing devices. Said registry
shall be used to issue to any and all licensed repairmen a distinct and
individual combination of letters and numerals, which will be that licensed
repairman's registry mark.

(e)-(f) (No change.)

(g) Any licensed repairman who shall issue a false certificate of inspection
and test of a commercial weight or measure or weighing or measuring device
or who shall delegate his or her authority or registry mark to any person,
shall be subject to the revocation or suspension of his or her license
as provided in N.J.S.A. 51:1-122, after a hearing in accordance with
the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the
Uniform Administrative Procedure Rules, N.J.A.C. 1:1.